'Death Penalty' Sanctions Severe, But Not Enough to Reverse Directed Verdict in Friction Case, Appeals Court Finds

EASTLAND, Texas - A state appeals court has upheld a directed verdict for defendants in a friction products case where all but one of the plaintiff's experts were excluded in what was later referred to as a 'death penalty' sanction. Vaughn v. Ford Motor Co., et al., No. 11-01-00202-CV (Texas Ct. App., 11th Dist.).

The Eleventh District Texas Court of Appeals on Oct. 24 held that the sanctions levied against Donelda Vaughn for her failure to produce three of the 80-plus witnesses she had designated before trial were excessive. However, the appeals court refused to reverse the directed verdicts that …